Pregledni rad
Development and perspectives of principles of european insurance contract law
Ana Keglević
; Pravni Fakultet Sveučilišta u Zagrebu
Sažetak
Principles of European Insurance Contract Law (PEICL) provides for a set of principles, definitions and model rules exclusively addressing general law for insurance contract. This work has been preformed within greater project for the creation of Common frame of reference on European contract law initiated by the Commission in 2003. PEICL is essentially designed to perform two basic functions. It would improve the quality of the EU acquis in the area of contract law, remove differences and achieve higher degree of divergences between contract laws of the Member states, and even help the national legislators when enacting legislation or Courts with the possible interpretation of the acquis. On the other hand PEICL could be adopted as an optional instrument, thus offering the common platform for contracting in the area of insurance law on the EU level. Possible Optional instrument would exist parallel with, rather instead of, national insurance contract laws. European Parliament resolution of 2011 on policy options for progress towards a European Contract Law for consumers and businesses and corresponding Green Paper of 2010 show positive tendency towards optional instrument in the legal form of Regulation. This would suit the requirements of the insurance sector. However, there are numerous signals showing adversely. For that reason this paper analyses the development and the status of Principles of European Insurance Contract Law particularly the status and perspectives of Principles within the project for the creation of European contract law.
Ključne riječi
European contract law; European insurance contract law; Principles of European Insurance Contract Law; PEICL; Common Frame of reference; DCFR; harmonisation; optional instrument; choice of law; EU internal Market; Rome I Regulation
Hrčak ID:
109168
URI
Datum izdavanja:
10.10.2013.
Posjeta: 2.360 *